North America

Trump Nominee Peter Robb Confirmed as NLRB General Counsel

The Senate has confirmed Peter B. Robb as the next General Counsel of the National Labor Relations Board (“NLRB” or “Board”).  Mr. Robb, a management side labor lawyer perhaps best known for his representation of the FAA during the 1981 air traffic controllers’ strike, will succeed Richard Griffith, Jr., who was appointed to his four year term by President Barrack Obama in 2013.

Although Mr. Griffin’s term concluded on October 31st, and the Senate sent Mr. Robb’s confirmation to the President for his signature, to date President Trump has not signed off, with the result that since November 1st, Deputy General Counsel Jennifer Abruzzo has been serving as Acting General Counsel.

Read full article

Appeals Court Enforces Arbitration Clause in Hyperlinked Terms & Conditions

In an important decision concerning the enforceability of an arbitration clause included in a mobile app’s Terms of Service, the federal appeals court in New York recently found that a reasonably prudent smartphone user would recognize that blue, underlined text within an Internet-linked app leads to another page where additional information can be found.

The U.S. Court of Appeals for the Second Circuit therefore held that a mobile app’s registration screen, notifying the user that by registering, he or she will be bound by the app’s “Terms of Service,” is sufficient to bind that user to a contractual arbitration provision included in those Terms of Service, reversing the district judge’s decision that determined such hyperlinked terms to be unenforceable.

Read more…

Read full article

Lawmakers Get One Step Closer To Reversing The NLRB’s Controversial Joint Employer Standard

The House of Representatives recently passed the Save Local Business Act (H.R. 3441), which marks an important step in the campaign to reverse the Board’s controversial loosening in Browning Ferris Industries of the long standing tests for determining whether two businesses are joint employers expansion and share bargaining obligations and liability for each other’s actions.  The measure seeks to protect businesses with staffing, franchise and other contractual relationships from liability and union bargaining obligations for another business’ workers unless one business exercises direct control over the employees of the other.

Read full article

Transformation Sweeping Advertising and Marketing: Influencer Marketing

It was an incredible three days in Chicago at the 39th Association of National Advertisers/Brand Activation Association Marketing Law Conference, “Breakthrough: Legal Strategies for Dynamic Businesses.” During yesterday morning’s general session, I gave a presentation titled “Transformation Sweeping Advertising and Marketing: Key Trends and Legal Developments,” exploring not only the trends and changes in the advertising and marketing ecosystem, but how lawyers can and are responding to keep pace with the industry and their business clients’ demands.  In the next series of posts, I will share some highlights from my presentation. Let’s dive into the first one…

Influencer marketing isn’t just the fastest channel for consumer acquisition – it’s also one of the most cost-effective.  Studies have shown that working … Continue Reading

Read full article

Davis Malm Adds Haritha D. Ambros to Business Law Practice

Davis Malm announces that Haritha D. Ambros has joined the firm as an associate. Ms. Ambros practices in the Business Law group and focuses on assisting emerging companies in corporate formation, financings, and related general commercial matters, including drafting and reviewing term sheets, investor rights agreements, board consents, and stock purchase agreements for private company financings.

Read full article

Thomas S. Fitzpatrick Recognized on Super Lawyers Top 100 List

Davis Malm recently announced that 23 of its attorneys were named to the list of 2017 Massachusetts Super Lawyers and Rising Stars. Additionally, Davis Malm shareholder Thomas S. Fitzpatrick was selected for inclusion in the Top 100 Super Lawyers list for Massachusetts-based attorneys.

Read full article

Davis Malm Adds Tax Abatement Shareholder Mark J. Witkin to Real Estate Practice

Davis Malm announces that Mark J. Witkin has joined the firm as a shareholder. Mr. Witkin focuses on matters involving real and personal property taxation. He advises public, private and nonprofit companies, investors, and individuals on a wide range of municipal taxation issues.

Mr. Witkin has extensive experience negotiating property assessments with municipal assessing authorities and valuation companies, real estate development municipal tax incentives, and payments in lieu of taxes for nonprofit, tax exempt entities. He litigates tax assessment appeals before the Massachusetts Appellate Tax Board and has participated in cases that have established precedent in the laws relating to real property taxation, including special use properties such as nursing homes and hotels.

Read full article

Proposed Bill Would Amend State and Local Paid Sick Leave Laws

Our colleagues , at Epstein Becker Green, have a post on the Retail Labor and Employment Law blog that will be of interest to many of our readers in the health care industry: “Proposed Federal Bill Would Pre-Empt State and Local Paid Sick Leave Laws.”

Following is an excerpt:

On November 2, 2017, three Republican Representatives, Mimi Walters (R-CA), Elise Stefanik (R-NY), and Cathy McMorris Rodgers (R-WA), introduced a federal paid leave bill that would give employers the option of providing their employees a minimum number of paid leave hours per year and instituting a flexible workplace arrangement. The bill would amend the Employee Retirement Income Security Act (“ERISA”) and use the statute’s existing pre-emption mechanism to offer employers a safe harbor from the hodgepodge of state and local paid sick leave laws. Currently eight states and more than 30 local jurisdictions have passed paid sick leave laws.

The minimum amount of paid leave employers would be required to provide depends on the employer’s size and employee’s tenure. The bill does not address whether an employer’s size is determined by its entire workforce or the number of employees in a given location. …

Read the full post here.

Read full article

Benjamin Prud’homme speaking at the Advocates’ Society

November 14, 2017 — On Thursday November 16, in Montréal, the Advocates’ Society will be presenting the Junior Counsel Forum, during which judges and seasoned litigators will be addressing questions that younger lawyers may be afraid to ask. Benjamin Prud’homme is one of the speakers at this programme co-chaired by the Honourable Marie-Josée Hogue, a judge of the Court of Appeal of Quebec, and Mtre Sylvain Lussier, Ad. E.

Read full article

William F. Griffin, Jr. to be Featured in Practical Skills Lecture for MCLE

On December 21, Davis Malm shareholder William F. Griffin, Jr., will be featured as part of Massachusetts Continuing Legal Education’s (MCLE) One-Hour Practical Skills Lecture Recording Series. His lecture, “Organizing a Massachusetts Business” will be available on the MCLE website, and will be a valuable tool for junior attorneys entering the field.

Mr. Griffin’s presentation will explore the characteristics of the seven common forms of business organizations, with a focus on LLCs and corporations. He will discuss tax classification of businesses, double taxation of C corporations, and sale of assets and liquidation. Mr. Griffin will also provide a summary of choice of entity factors, including limited liability, tax rates, confidentiality, capital formation, and exit strategies.

Read full article